Filing a workers’ compensation claim in the State of South Carolina involves many steps. With the help of worker’s comp attorney in Greenville, you can properly secure compensation for your workplace injuries. While this may seem like a simple process, a workers’ compensation claim can get complex. This is why it’s important to immediately hire a worker’s comp attorney to represent you who understands the deadlines you must meet so that your worker’s compensation claim is not barred.
Filing for Worker’s Compensation
First, you are required by law to report your injuries to your employers within 90 days of your workplace accident. It is best to give this notice as soon as possible, so you have the necessary time to complete all of the required steps. There are a few exceptions to the 90-day rule such as if your employer already knew of the accident, if you were the victim of fraud or you were physically/mentally incapable of reporting your injuries.
Your employer must then file your claim with the South Carolina Worker’s Compensation Commission. If they fail to do so, you may file your own claim with the help of our worker’s comp attorney, Ryan Montgomery. This can be achieved by completing the S.C. Worker’s Compensation Commission Form 50 where you will detail the date and description of your accident and your injuries. In the event of a death, a family member must file a Form 52 with the help of our wrongful death lawyer.
Deadlines for Filing for Worker’s Compensation
In the State of South Carolina, you have a limited time from the date of the accident (or in severe cases, death) to file for worker’s compensation. Some workplace injuries take a long time to develop so they may have a different statute of limitations. Our worker’s comp attorneys can provide you with more details during a free consultation discussing your workplace accident and injuries. Most of the time, with these injuries, the two year time limit starts when the illness was discovered or diagnosed.
Request a Hearing
In the event that your employer contests your claim for benefits, you have the right to ask for a hearing before the Worker’s Compensation Commission in South Carolina. There, a commissioner will determine the outcome of your case and whether or not you will receive worker’s compensation benefits. If you are not satisfied with the results of this hearing, an appeal can be filed with the help of a worker’s comp attorney in Greenville, SC. To learn more about our legal services and to schedule a free consultation, call our South Carolina law office today at 864-362-2154.